A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 28, 2018, the Defendant was under the influence of alcohol content of 0.101% from the blood transfusion around 06:40 on August 28, 2018, the Defendant driven a C-crack vehicle within a about 10km section from the border of Gangdong-gu Seoul to the front road of Gyeongginam-si.

2. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a C-Korean cruise car.

On August 28, 2018, the Defendant driven the said car while under the influence of alcohol as described in paragraph 1 of around 06:40, the Defendant driven the said car and driven the five-lane road in front B in front of the Gyeonggi-do at the end of the Dong-gu to the IC on the upper day, along the five-lane way from the south-gu to the upper day.

Since there is a place where a motor vehicle stops in order to wait for signal as a three-distance intersection, the driver of the motor vehicle has a duty of care to look at the front side and the left side of the motor vehicle and to prevent accidents by accurately manipulating the brake system.

Nevertheless, Defendant D(60) who was in the atmosphere of the instant signal due to occupational negligence due to the failure of the victim D(60) to change the lanes from five lanes to four lanes due to neglect of his/her duty while under the influence of alcohol and neglecting this, and the Defendant was in the front part of the Defendant’s passenger car, following the right side of the Eststuna car driven by Defendant D(60).

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, an investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act on Criminal Facts, Article 3(1) and Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence and the selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking,